Biden Administration Beats Justices to Punch With CWA Rule
Anne Wildeman, a partner in Troutman Pepper's Environmental + Natural Resources Practice Group, was quoted in the January 3, 2023 Law360 article, " Biden Administration Beats Justices to Punch With CWA Rule."
The agencies could have waited until the high court issued its opinion in Sackett and then crafted a rule around the test articulated by the justices, but instead clearly wanted to get their interpretation on the books and into practice before then, Anna Wildeman, counsel at Troutman Pepper, said.
"I think the agencies very much have an eye toward trying to answer the court's concerns in the final rule," Wildeman said. "They've done probably what they think is their best effort to answer the court's questions … and bolster their record for their final rule in the face of the court's consideration of Sackett."